Board of County Commissioners v. Darst

Citations

• 96 Ohio St. (N.S.) 163

Syllabus

<p>Guard, rails for county bridges, etc.—Duty of county commissioners— Section 7563, General Code — No liability on county for negligence, when—Damages.</p> <p>1. Section 7563, General Code, imposes an absolute duty upon the board of county commissioners, requiring the erection of guard rails at the heights designated therein. When this duty has been performed there is no liability imposed upon the county under said section for negligence or for failure to use ordinary care in the erection of guard rails on other parts of an approach or embankment.</p> <p>2. Unless provided by statute, there can be no liability for negligence against the board in their gMewi-corporate capacity. The duty imposed by said section is not limited by the discretion of the board, nor subject to the contingency that necessities may or may not require the erection of guard rails at particular points on such approach.</p> <p>3. Such section requires the board to erect guard rails on each side of every embankment or approach to county bridges only at such points where the embankment or approach is more than six feet high; and for a failure to comply with the requirement of that or the succeeding section, the county may be held liable for damages resulting from such failure.</p>